Rajul Bhargava, J. - (1.) Heard Sri Rajiv Lochan Shukla and Sri Shiv Shanker Prasad Gupta, learned counsels of the revisionists and Sri Pankaj Saxena, learned A.G.A. for the State and perused impugned order and material on record.
(2.) Present revision has been preferred against the impugned order dated 7.05.2019 passed by the Additional Sessions Judge, Court No.1, Azamgarh in Session Trial No.49 of 2017 (State Versus Lakshaman Yadav and others) under Sections 302, 120-B, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Maharajganj, District Azamgarh, whereby application 21 kha under Section 319 Cr.P.C. moved by informant/opposite party no.2 for summoning the revisionists has been allowed and the revisionists have been summoned to face trial under aforesaid sections.
(3.) The facts, in brief, relevant for decision of present revision are that opposite party no.2 lodged F.I.R. on 22.1.2016 at 2.15 p.m. regarding an incident which is stated to have taken place on the same day at 1.00 p.m.. It is stated that on 12.10.2012 at about 4.00 p.m. accused, Saudagar and Sagar in collusion with hired assailants had caused firearm injuries on the informant's son Vishwajeet alias Santosh in which a case was registered and one of the accused Lakshaman was still in jail. The aforesaid accused, Saudagar and Sagar were extending threat for entering into a compromise or else they will face dire consequences. On 22.1.2016 at about 1.00 p.m. the accused, Sagar and Saudagar along with two unknown miscreants came on motorcycle and after waylaying the tempo of the deceased, made him to fell on the ground and they resorted to indiscriminate firing and fled away. After investigation charge-sheet was submitted only against accused, Laxman Yadav under Sections 302, 120-B, 506, 34 I.P.C. and 7 Criminal Law Amendment Act However, the participation of revisionist / accused, Saudagar was found false on the basis of the some electronic evidences collected by the Investigating Officer in the form of Pen Drive and CCTV footage from 21.1.2016 to 23.1.2016. The revisionist no.1, Sagar Yadav was also exonerated on the ground that he was present before Consolidation Officer on 22.1.2016 which is about 40 kms away from the place of incident. During trial statement of first informant PW 1 was recorded. He was also an eye-witness. He had categorically stated that revisionists and two other accused whose names came into light subsequently have resorted to indiscriminate firing in a bright day light incident and his son died on the spot on account of multiple firearm wounds of entry and exit. An application was moved by the prosecution to summon applicants under Section 319 Cr.P.C. in view of categorical statement of the first informant regarding participation of the revisionists by the impugned order. Learned judge summoned revisionists to face trial.;